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Lizama v. Holder, 09-2027

Petition for review BIA's denial of El Salvadoran's application for asylum and related relief

Lizama v. Holder, 09-2027, concerned an El Salvadoran's petition for review of a BIA's denial of his application for asylum and related relief.  The court dismissed petitioner's claim that the BIA erred in holding his asylum application to be untimely for lack of jurisdiction.  The court held that the finding that petitioner's purported group is not a "particular social group" for purposes of asylum is consistent with the applicable legal standards and supported by substantial evidence.  Lastly, the court held that substantial evidence supports the BIA's decision denying CAT relief as petitioner failed to establish that he will more likely than not be tortured if removed to El Salvador.

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